Terms

United Dairy Farmers Website Terms of Use

Welcome to our website and thank you for visiting United Dairy Farmers. United Dairy Farmers provides its services to you subject to the following conditions. By visiting our website, you accept these conditions. Please read them carefully.

PRIVACY

COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY NOTICES

The content of this website, including all text, graphics, trade dress, logos, arrangement, presentations, button icons, images, audio clips, digital download, data compilations and software is the property of United Dairy Farmers. Unauthorized use, in whole or in part, of these materials, including reproduction, copying, transmission, distribution, preparation of derivative works, public performance and public display, is prohibited by the Copyright Act of 1976, 17 U.S.C. §101 et. seq. and other laws. Notwithstanding the foregoing, you as the veiwer or user of this website, are granted a nonexclusive, nontransferable, limited license to view, reproduce, print and share materials retrieved from the site provided that (a) such materials are used for personal, informational and/or non-commercial purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate from hardcopy versions the applicable copyright and other notices. All names, logos, slogans, trade dress, indicia, trademarks and other intellectual property included or appearing on this website, except as otherwise noted, are property of United Dairy Farmers. The marks UNITED DAIRY FARMERS; PREMIUM HOMEMADE ICE CREAM; CHERRY CORDIAL; DEEP FREEZE; FARMERS MARKET DESIGN; HAWAIIAN SUNDAE; HOME MADE BRAND; HOME MADE BRAND (Stylized); HOMEMADE BRAND & DESIGN; KRAZY KREAMS; MAGIC MALT; MALTED MICRO SHAKE; MICRO MALT; MICRO SHAKE; MICRO SHAKE & DESIGN; MICROWAVEABLE MALT; MICROWAVEABLE SHAKE; MINUTE MALT; MINUTE SHAKE; QUEEN CITY ICE; SIGNATURE CHIP; THE COOLEST THING TO EVER COME OUT OF A MICROWAVE; THE ORIGINAL MICRO SHAKE; UDF; UNITED DAIRY FARMERS & DESIGN; UNITED DAIRY FARMERS HOME MADE BRAND; WOW COW; BEECHWOOD FARMS; UDF COFFEE CO. and other marks indicated on our site are State and/or Federal marks of United Dairy Farmers, Inc, in the United States and other countries. United Dairy Farmer’s trademarks may not be used without the express written permission of United Dairy Farmers, Inc. All other trademarks not owned by United Dairy Farmers or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by United Dairy Farmers or its subsidiaries.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may send communications to us; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive or privacy, infringing the intellectual property rights or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person on entity, or otherwise mislead as to the origin of content. United Dairy Farmers reserves the right, but not the obligation, to remove or edit this content.

If you do post any communication to the website, and unless we indicate otherwise, you grant to United Dairy Farmers a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication in whole or in part, alone, or as part of other works in any forum, media or technology, whether known now or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

United Dairy Farmers does not represent or guarantee the truthfulness, accuracy, reliability, or noninfringing nature of any communication posted by other users, or endorse any opinions expressed by you or any other users. You acknowledge that any reliance on material posted by other users will be at your own risk. United Dairy Farmers does not screen communications in advance and is not responsible for screening or monitoring materials posted by you or other users.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by United Dairy Farmers on an “as is” and “as available” basis. United Dairy Farmers does not warrant that the website or Internet communications through which this website is operated and/or transmitted will operate error free. In addition, United Dairy Farmers makes no representations or warranties of any kind express or implied as the operation of this site or the information, content, materials or products included on this site, you expressly agree that your use of this site is at your sole risk.

United Dairy Farmers attempts to be as accurate as possible with respect to all aspects of this website. However, this website may contain inaccuracies and typographical or other errors. Use of the website and any of the information contained therein is at your own risk. The website may be periodically updated or revised at any time. These terms and conditions of use shall apply with equal force to any and all such updates or revisions.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNITED DAIRY FARMERS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. UNITED DAIRY FARMERS DOES NOT WARRANT THAT THE WEBSITE AND/OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO A COMPUTER WHEN DOWNLOADED. UNITED DAIRY FARMERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting our website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and United Dairy Farmers Inc. or its subsidiaries.

DISPUTES

Any dispute relating in any way to your visit to our website shall be submitted to confidential arbitration in Cincinnati, Ohio, except that, to the extent you have in any manner violated or threatened to violate United Dairy Farmers’ intellectual property rights, we may seek injunctive or other appropriate relief in a state or federal court in the state of Ohio, and you consent to exclusive subject matter and personal jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the applicable rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other parties subject to this agreement, whether through class arbitration proceedings or otherwise.

EARNING DISCOUNTS

You are able to earn discounts (“Discounts”) by purchasing qualified products at participating UDF locations and completing a survey at udffeedback.com. On the Purchase receipt, record the Redemption Code provided at the end of the survey and present it at any participating UDF location. A Valid Redemption code may be redeemed for either a 16 oz. coffee or a 22 oz. fountain soft drink at a discounted price of $.50 each plus applicable sales tax. The discounted item is not to exceed $.50 in value.

We reserve the right to determine, in our sole and absolute discretion, whether redemption codes are valid and obtained within the guidelines of this program. You acknowledge that any such determination by us will be final and binding. We may refuse to honor Discounts if we cannot confirm that they were properly issued or obtained. We may also cancel Discounts if the Discount-issuing location tells us to cancel the Discounts (for example, because you returned or did not pay for products or services for which the Discounts were issued). Discount offers may be changed or discontinued at any time. We are not responsible for any offer or Discount which is no longer in effect. Discounts obtained through customer surveys are limited to one per store per week per customer.

SITES POLICIES, MODIFICATIONS, AND SEVERABILITY

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.